8 Concerns regarding Australia’s treatment of stateless persons were raised as follows: 8.1 8.2 9 Australia accepted the following recommendations related to Statelessness and the Right to Nationality:18 9.1 9.2 9.3 9.4 10 The Committee against Torture (CAT) noted concern that ‘stateless persons whose asylum claims had not been accepted and refugees with an adverse security or character assessment could be detained indefinitely’.15 The United Nations High Commissioner for Refugees (UNHCR) raised concerns regarding the transfer of asylum seekers, including children who might be stateless to third countries, or back to their country of origin,16 and recommended that Australia immediately cease this practice.17 France: ‘Ensure that an Australian cannot be deprived of citizenship other than in exceptional circumstances and within the framework of a specific legal procedure’;19 Poland: ‘Eliminate the disparities in access to services by ATSI children and their families, especially by reviewing the Australian birth registration process in order to ensure that all children are registered at birth’; 20 Timor-Leste: ‘Continue strengthening the efforts in promoting and protecting non-racial discriminatory policy and specifically also ensure that Aboriginal children have access to birth registration’21; and Turkey: ‘Further strengthen efforts towards birth registration for all, with a view to encouraging access to relevant procedures’. 22 One further recommendation by Kenya was only noted by Australia:23 10.1 Kenya: ‘Review the current regional offshore processing arrangement, and policy of mandatory detention of refugees, stateless persons and migrants, and uphold all human rights obligations towards refugees, stateless persons and migrants, including the principle of non-refoulment’.24 15 UN Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15(b) of the annex to Human Rights Council Resolution 16/21: Australia, UN Doc A/HRC/WG.6/23/AUS/2 (31 August 2015) para 69 <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/195/70/PDF/G1519570.pdf?OpenElement>. 16 UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees For the Office of the High Commissioner for Human Rights' Compilation Report Universal Periodic Review: Australia (March 2015) 6-7 <https://www.refworld.org/docid/563863454.html> . 17 UN Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15(b) of the annex to Human Rights Council Resolution 16/21: Australia, UN Doc A/HRC/WG.6/23/AUS/2 (31 August 2015) para 69 <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/195/70/PDF/G1519570.pdf?OpenElement>. 18 UPR Info, ‘UPR Recommendations Received by Australia’ Database of Recommendations (Web Page) <https://www.uprinfo.org/database/index.php?limit=0&f_SUR=9&f_SMR=All&order=&orderDir=ASC&orderP=true&f_Issue=All&searchReco=&resultMax=3 00&response=&action_type=&session=&SuRRgrp=&SuROrg=&SMRRgrp=&SMROrg=&pledges=RecoOnly>. 19 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia, UN Doc A/HRC/31/14 (13 January 2016) 25 [136.228] <https://undocs.org/A/HRC/31/14>. 20 Ibid 18 [136.101]. 21 Ibid 18 [136.102]. 22 Ibid 22 [136.171]. 23 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia - Addendum, UN Doc A/HRC/31/14/Add.1 (29 February 2016) para 62 <https://documents-ddsny.un.org/doc/UNDOC/GEN/G16/039/53/PDF/G1603953.pdf?OpenElement>. 24 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Australia (n 19) 28 [136.277]. 3

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